PHILADELPHIA — A Louisiana woman is suing the Life Insurance Company of North American, alleging ERISA violations.
Sherry A. Matherne filed a lawsuit Feb. 16 in U.S. District Court for the Eastern District of Pennsylvania against Life Insurance Company of North America, alleging violation of the Employee Retirement Income Security Act of 1974 (ERISA).
According to the complaint, Matherne was employed as a registered nurse for West Jefferson Medical Center (WJMC) in Marreno, Louisiana, and was a participant and/or beneficiary under the LTD plan provided by the defendant. At all times relevant, the plan was an employee benefit plan specifically covered under ERISA, the suit says.
On June 12, 2010, during her time of employment and insurance coverage, the plaintiff says she became disabled with numerous conditions including chronic pain, reflex sympathetic dystrophy syndrome and subsequent side effects.
The plaintiff alleges her disabled condition prevented her from working to her full capacity, requiring benefits from the LTD plan. The defendant began making payments on Sept. 10, 2010, the suit states, but terminated Matherne's payments April 24, 2015, by letter dated March 25, 2015.
Matherne filed an appeal of the termination May 20, 2015, but was again denied in October. The plaintiff alleges she is rightfully due benefits under ERISA and states the defendant has a history of biased claim administration of ERISA disability claims.
Matherne seeks reinstatement into the LTD plan, equitable relief, attorney fees, costs, disbursements and pre and post-judgment interest. She is represented by attorneys Jason A. Newfield and Justin C. Frankel of Frankel & Newfield PC in Garden City, New York.
U.S. District Court of the Eastern District of Pennsylvania Case number 2:16-cv-00729-CMR